Karl Zechner – appeal fails
The National Horseracing Authority confirms that an Appeal by jockey Karl Zechner against the findings and the penalties imposed by an Inquiry Board on 16 August 2016, was heard at the offices of the National Horseracing Authority on 9 December 2016.
Background
The Inquiry was held into the reasons why Jockey Karl Zechner failed to comply with a reasonable order from a licensed Official, as well as into his conduct in the Boardroom, following the running of Race 6 at the Turffontein Racecourse on 9 August 2016.
Jockey Zechner failed to appear before the Inquiry Board and accordingly, the matter was heard in his absence.
1. Mr Zechner had been charged with a contravention of Rules 72.1.40, 72.1.25 and 72.1.33, which reads as follows:
1.1 RULE 72.1.40
In that he failed and refused to comply with any reasonable order from a licensed official;
1.2 RULE 72.1.25
In that he conducted himself in an improper manner in the Boardroom at the Turffontein Racecourse on 9 August 2016;
AND
1.3 RULE 72.1.33
In that he failed to attend the inquiry when required to do so in terms of the rules.
2. In Mr Zechner’s absence, the Inquiry Board entered a plea of not guilty on his behalf, but Mr Zechner was found guilty on all three charges.
3. The Inquiry Board, after taking into account the factors in mitigation such as Mr Zechner’s record, his average number of rides per week and his travelling costs, ruled that the following penalties would be appropriate:
3.1 In respect of a breach of Rule 72.1.40, Mr Zechner be fined the sum of two thousand rand (R2000);
3.2 In respect of a breach of Rule 72.1.25, Mr Zechner be fined the sum of ten thousand rand (R10.000) of which five thousand rand (R5000) is suspended for a period of twelve months on condition that he is not found guilty of an offence in terms of Rule 72.1.25 during this period; AND
3.3 In respect of a breach of Rule 72.1.33, he be fined the sum of two thousand rand (R2000).
APPEAL AGAINST FINDING:
The Appeal Board in its discretion decided to allow evidence to be adduced at the Appeal from Jockey Zechner.
However, after having regard to the record, the new evidence and the argument of the legal representatives for both parties, the Appeal Board dismissed the Appeal against the convictions on charges 1.1, 1.2 and 1.3 above and confirmed the Inquiry Board’s finding of guilty.
APPEAL AGAINST PENALTIES
After having regard to the record, the new evidence and the arguments presented by the legal representatives of both parties, the Appeal Board dismissed the Appeal against the penalties and confirmed the fines regarding the above three findings.
The appellant’s deposit was forfeited.
